H1B about to Expire - Can I apply H1B NSC - If not Travelled

[vinoragav27]

Experts, Please advise!

I have H1B Visa stamped and valid till Dec 31 2015.

Please note I didn't traveled to US with my Current Visa due to personal reasons till date. Currently my employer could not find any position in US, So I cannot travel immediately.

My Queries are,

1. What is the last date I can travel to US with my current visa validity. I was informed, I cannot travel with less than 60 days validity and will face problem in POE.

2. If I travel within 60 days, what type of problem would I face - How to handle the same.?

3. Whether I am eligible for H1B NSC

4. If I am eligible[H1B NSC], whether my employer can initiate it for me again during the current validity and how soon I can apply for the same.

5. Whether it will be problem in getting H1B NSC approval - if not traveled during the previous visa.

Thanks in advance
Vinoth

[shervin143]

1. What is the last date I can travel to US with my current visa validity. I was informed, I cannot travel with less than 60 days validity and will face problem in POE.
>>> You can travel as long as the petition, visa and passport are valid and as long as the job exists.

2. If I travel within 60 days, what type of problem would I face - How to handle the same.?
>>> When you enter U.S, you will receive a document called I-94 which will determine until when you can legally stay in U.S. Once you are inside U.S, if your employer want you to stay longer than the issued I-94 expiry date, then the employer will need to file a H1B extension (extension when approved will come with a new extended I-94). To file the extension, they need time. If you enter U.S very close to your petition / visa expiry date, then the employer will not have enough time to get the paperwork done to file the extension. If the extension is not filed with USCIS before your issued I-94 expiry date, then you will have to leave the country.

3. Whether I am eligible for H1B NSC
>>> What is H1B NSC? Are you asking about H1B extension?

4. If I am eligible[H1B NSC], whether my employer can initiate it for me again during the current validity and how soon I can apply for the same.
>>> Employer cal file an extension anytime.

5. Whether it will be problem in getting H1B NSC approval - if not traveled during the previous visa.
>>> Nope.